Judgement

JAGANNADHADAS J. : This appeal has been admitted only on the question of sentence. The relevant facts can be gathered from the following extract from the judgment of the High Court:

"The twelve appellants and seven other persons were placed on trial before the learned Sessions Judge for an offence under S. 302/149, I. P. C. on the allegation that on 25-2-1952 they, in furtherance of their common object, murdered one Madan Sahu of their village. The motive for the murder was said to be their belief that Madan Sahu was a Pungnia (sorcerer) who was mainly responsible for the prevalence of small pox in the village. The parties belong to village Badimal P. S. Brajarajnagar, in an interior part of Sambalpur district.

It appears that in the early part of the year 1952 small pox epidemic was prevalent in a virulent form in the village and the efforts of the villagers to drive away the epidemic with the help of Bejis (charmers) proved fruitless. The Bejis then informed the villagers that their Mantras were all rendered ineffective because one of the villagers was himself a Pungnia and was counteracting the effect of their Mantras. Thereupon the villagers grew alarmed and on 16-1-52 m